| 1 | 1 | | 85R932 DDT-D |
|---|
| 2 | 2 | | By: Schofield H.B. No. 526 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to certain persons' entitlement to public information. |
|---|
| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 9 | 9 | | SECTION 1. Section 552.001(a), Government Code, is amended |
|---|
| 10 | 10 | | to read as follows: |
|---|
| 11 | 11 | | (a) Under the fundamental philosophy of the American |
|---|
| 12 | 12 | | constitutional form of representative government that adheres to |
|---|
| 13 | 13 | | the principle that government is the servant and not the master of |
|---|
| 14 | 14 | | the people, it is the policy of this state that each person whose |
|---|
| 15 | 15 | | primary residence is in this state is entitled, unless otherwise |
|---|
| 16 | 16 | | expressly provided by law, at all times to complete information |
|---|
| 17 | 17 | | about the affairs of government and the official acts of public |
|---|
| 18 | 18 | | officials and employees. The people, in delegating authority, do |
|---|
| 19 | 19 | | not give their public servants the right to decide what is good for |
|---|
| 20 | 20 | | the people to know and what is not good for them to know. The people |
|---|
| 21 | 21 | | insist on remaining informed so that they may retain control over |
|---|
| 22 | 22 | | the instruments they have created. The provisions of this chapter |
|---|
| 23 | 23 | | shall be liberally construed to implement this policy. |
|---|
| 24 | 24 | | SECTION 2. Section 552.021, Government Code, is amended to |
|---|
| 25 | 25 | | read as follows: |
|---|
| 26 | 26 | | Sec. 552.021. AVAILABILITY OF PUBLIC INFORMATION. Public |
|---|
| 27 | 27 | | information is available to any person whose primary residence is |
|---|
| 28 | 28 | | in this state [the public] at a minimum during the normal business |
|---|
| 29 | 29 | | hours of the governmental body. |
|---|
| 30 | 30 | | SECTION 3. Subchapter B, Chapter 552, Government Code, is |
|---|
| 31 | 31 | | amended by adding Section 552.030 to read as follows: |
|---|
| 32 | 32 | | Sec. 552.030. REQUEST FOR INFORMATION FROM NONRESIDENT. |
|---|
| 33 | 33 | | (a) If a governmental body receives a request for information from |
|---|
| 34 | 34 | | a person whose primary residence is not in this state, the |
|---|
| 35 | 35 | | governmental body may, but is not required to, accept or comply with |
|---|
| 36 | 36 | | the request. |
|---|
| 37 | 37 | | (b) A governmental body may ask a requestor to provide the |
|---|
| 38 | 38 | | physical address at which the requestor resides in order to |
|---|
| 39 | 39 | | establish the requestor's residency. If, not later than the 10th |
|---|
| 40 | 40 | | business day following the date the governmental body's request is |
|---|
| 41 | 41 | | sent to the requestor, the requestor fails to provide information |
|---|
| 42 | 42 | | establishing residency in this state, the governmental body may, |
|---|
| 43 | 43 | | for purposes of the request, treat the requestor as a person whose |
|---|
| 44 | 44 | | primary residence is not in this state. |
|---|
| 45 | 45 | | SECTION 4. Section 552.221(a), Government Code, is amended |
|---|
| 46 | 46 | | to read as follows: |
|---|
| 47 | 47 | | (a) An officer for public information of a governmental body |
|---|
| 48 | 48 | | shall promptly produce public information for inspection, |
|---|
| 49 | 49 | | duplication, or both on application by any person whose primary |
|---|
| 50 | 50 | | residence is in this state to the officer. In this subsection, |
|---|
| 51 | 51 | | "promptly" means as soon as possible under the circumstances, that |
|---|
| 52 | 52 | | is, within a reasonable time, without delay. |
|---|
| 53 | 53 | | SECTION 5. Section 552.222(a), Government Code, is amended |
|---|
| 54 | 54 | | to read as follows: |
|---|
| 55 | 55 | | (a) The officer for public information and the officer's |
|---|
| 56 | 56 | | agent may not make an inquiry of a requestor except: |
|---|
| 57 | 57 | | (1) to establish proper identification; |
|---|
| 58 | 58 | | (2) to confirm that the requestor's primary residence |
|---|
| 59 | 59 | | is in this state; or |
|---|
| 60 | 60 | | (3) [except] as provided by Subsection (b), (c), or |
|---|
| 61 | 61 | | (c-1). |
|---|
| 62 | 62 | | SECTION 6. Section 552.223, Government Code, is amended to |
|---|
| 63 | 63 | | read as follows: |
|---|
| 64 | 64 | | Sec. 552.223. UNIFORM TREATMENT OF REQUESTS FOR |
|---|
| 65 | 65 | | INFORMATION. The officer for public information or the officer's |
|---|
| 66 | 66 | | agent shall treat all requests for information from persons to whom |
|---|
| 67 | 67 | | the officer is required to produce public information under Section |
|---|
| 68 | 68 | | 552.221(a) uniformly without regard to the position or occupation |
|---|
| 69 | 69 | | of the requestor, the person on whose behalf the request is made, or |
|---|
| 70 | 70 | | the status of the individual as a member of the media. |
|---|
| 71 | 71 | | SECTION 7. The changes in law made by this Act apply only to |
|---|
| 72 | 72 | | a request for public information made on or after the effective date |
|---|
| 73 | 73 | | of this Act. |
|---|
| 74 | 74 | | SECTION 8. This Act takes effect September 1, 2017. |
|---|